short term disability and travel

What is the name of your state? New York

Employee was out on short term disability for 3 weeks. Doctor did not release employee to return to work until the end of the 3 weeks. During that period, the employee traveled out of state to recuperate at a relative's home. The doctor approved the employee to fly. Does all that time qualify as disability time, or should some of it count as vacation time instead?

Re: short term disability and travel

Originally posted by klweimar What is the name of your state? New York

Employee was out on short term disability for 3 weeks. Doctor did not release employee to return to work until the end of the 3 weeks. During that period, the employee traveled out of state to recuperate at a relative's home. The doctor approved the employee to fly. Does all that time qualify as disability time, or should some of it count as vacation time instead?

Vacation?? You're kidding me right?

Sick is sick no matter where you are. Just because you're recuperating on a couch in a relative's house where you can get better interactive help instead of on your own couch wishing you could get help going to the bathroom doesn;t mean you;re on vacation.

short term disability

Supervisor is claiming that by traveling, employee has legally negated their disability. I'm trying to find some rules on short term disability that will decide the argument (so to speak) in one direction or the other. And it seems, based on the lack of information out there regarding travelling while on disability, that it does not matter where one recuperates. Thanks.

"Supervisor is claiming that by traveling, employee has legally negated their disability" The supervisor doesn't know what he or she is talking about. There is no law that states an employee is no longer temporarily disabled if they take a plane trip. What if an employee had to fly somewhere to see a medical specialist???

It's understandable that an employer might ask some questions if an employee is out on disability and takes a trip. Fraudulent disability claims have been known to happen. But if this employee needed to travel somewhere in order to have a family member or friend provide the care she needed, that's legit.

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